MEASURES TO RESOLVE THE DISPUTE IN A COMMUNITY-ORIENTED RECONCILIATION PROCESS TO STEP INTO THECOMPLAINT INVESTIGATION PROCESS

Abstract

This dissertation aims to study about. Measures to resolve the dispute in a community-oriented reconciliation process to step into the complaint investigation process. To study theories on measures to settle the disputes with justice-oriented reconciliation.Thailand's comparison to the use of foreign law written like the Spanish Penal Code of Criminal Procedure 1996, France.And countries that use the common law system, such as The Criminal Code and The Young Offenders Act 1984 of Canada, etc. This research is qualitative research papers on process-oriented reconciliation. Mediation Settlements during the investigation by the Office of Criminal Procedure. Penal Code and in-depth interviews with police, prosecutors, judges, victims and community leaders and the parties dispute that has been mediated.

            The study found that Thailand has no law that supports the rights of the police in bringing to justice-oriented reconciliation, such as mediation. Used in a criminal case against the land does not compromise. Despite a lawsuit with imprisonment up to five years, the Police mediation may be alleged omissions of duty, wrongful punishable under Section 157 of the Ministry of Justice has proposed draft measures instead of criminal charges. Fri. . ... to enable the police to mediate in the investigation. But there are problems with the law during the investigation, mediation is Section 11 (3) of the offense with an imprisonment rate is not higher than five years. According to this Act annexed mediation. The objection that could be channeled to the police discretion was wrongfully charged.

            The research is Draft measures instead of criminal charges should be added to the ... guidelines or characteristics of the perpetrator to give mediation a standard clear. Office of Justice and the promotion of the public should be aware of different measures of the bill even more. The public will be informed of their rights if they are closely related to the criminal case.